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1 | AN ACT concerning transportation.
| ||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||||||||||||||||||||||
5 | Section 6-206 and by adding Section 11-507 as follows:
| ||||||||||||||||||||||||||
6 | (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
| ||||||||||||||||||||||||||
7 | (Text of Section after amendment by P.A. 95-400 ) | ||||||||||||||||||||||||||
8 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||||||||||||||||||||||
9 | license or
permit; Right to a hearing.
| ||||||||||||||||||||||||||
10 | (a) The Secretary of State is authorized to suspend or | ||||||||||||||||||||||||||
11 | revoke the
driving privileges of any person without preliminary | ||||||||||||||||||||||||||
12 | hearing upon a showing
of the person's records or other | ||||||||||||||||||||||||||
13 | sufficient evidence that
the person:
| ||||||||||||||||||||||||||
14 | 1. Has committed an offense for which mandatory | ||||||||||||||||||||||||||
15 | revocation of
a driver's license or permit is required upon | ||||||||||||||||||||||||||
16 | conviction;
| ||||||||||||||||||||||||||
17 | 2. Has been convicted of not less than 3 offenses | ||||||||||||||||||||||||||
18 | against traffic
regulations governing the movement of | ||||||||||||||||||||||||||
19 | vehicles committed within any 12
month period. No | ||||||||||||||||||||||||||
20 | revocation or suspension shall be entered more than
6 | ||||||||||||||||||||||||||
21 | months after the date of last conviction;
| ||||||||||||||||||||||||||
22 | 3. Has been repeatedly involved as a driver in motor | ||||||||||||||||||||||||||
23 | vehicle
collisions or has been repeatedly convicted of |
| |||||||
| |||||||
1 | offenses against laws and
ordinances regulating the | ||||||
2 | movement of traffic, to a degree that
indicates lack of | ||||||
3 | ability to exercise ordinary and reasonable care in
the | ||||||
4 | safe operation of a motor vehicle or disrespect for the | ||||||
5 | traffic laws
and the safety of other persons upon the | ||||||
6 | highway;
| ||||||
7 | 4. Has by the unlawful operation of a motor vehicle | ||||||
8 | caused or
contributed to an accident resulting in death or | ||||||
9 | injury requiring
immediate professional treatment in a | ||||||
10 | medical facility or doctor's office
to any person, except | ||||||
11 | that any suspension or revocation imposed by the
Secretary | ||||||
12 | of State under the provisions of this subsection shall | ||||||
13 | start no
later than 6 months after being convicted of | ||||||
14 | violating a law or
ordinance regulating the movement of | ||||||
15 | traffic, which violation is related
to the accident, or | ||||||
16 | shall start not more than one year
after
the date of the | ||||||
17 | accident, whichever date occurs later;
| ||||||
18 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
19 | driver's
license, identification card, or permit;
| ||||||
20 | 6. Has been lawfully convicted of an offense or | ||||||
21 | offenses in another
state, including the authorization | ||||||
22 | contained in Section 6-203.1, which
if committed within | ||||||
23 | this State would be grounds for suspension or revocation;
| ||||||
24 | 7. Has refused or failed to submit to an examination | ||||||
25 | provided for by
Section 6-207 or has failed to pass the | ||||||
26 | examination;
|
| |||||||
| |||||||
1 | 8. Is ineligible for a driver's license or permit under | ||||||
2 | the provisions
of Section 6-103;
| ||||||
3 | 9. Has made a false statement or knowingly concealed a | ||||||
4 | material fact
or has used false information or | ||||||
5 | identification in any application for a
license, | ||||||
6 | identification card, or permit;
| ||||||
7 | 10. Has possessed, displayed, or attempted to | ||||||
8 | fraudulently use any
license, identification card, or | ||||||
9 | permit not issued to the person;
| ||||||
10 | 11. Has operated a motor vehicle upon a highway of this | ||||||
11 | State when
the person's driving privilege or privilege to | ||||||
12 | obtain a driver's license
or permit was revoked or | ||||||
13 | suspended unless the operation was authorized by
a | ||||||
14 | monitoring device driving permit, judicial driving permit | ||||||
15 | issued prior to January 1, 2009
the effective date of this | ||||||
16 | amendatory Act of the 95th General Assembly , probationary | ||||||
17 | license to drive, or a restricted
driving permit issued | ||||||
18 | under this Code;
| ||||||
19 | 12. Has submitted to any portion of the application | ||||||
20 | process for
another person or has obtained the services of | ||||||
21 | another person to submit to
any portion of the application | ||||||
22 | process for the purpose of obtaining a
license, | ||||||
23 | identification card, or permit for some other person;
| ||||||
24 | 13. Has operated a motor vehicle upon a highway of this | ||||||
25 | State when
the person's driver's license or permit was | ||||||
26 | invalid under the provisions of
Sections 6-107.1 and
6-110;
|
| |||||||
| |||||||
1 | 14. Has committed a violation of Section 6-301, | ||||||
2 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
3 | of the Illinois Identification Card
Act;
| ||||||
4 | 15. Has been convicted of violating Section 21-2 of the | ||||||
5 | Criminal Code
of 1961 relating to criminal trespass to | ||||||
6 | vehicles in which case, the suspension
shall be for one | ||||||
7 | year;
| ||||||
8 | 16. Has been convicted of violating Section 11-204 of | ||||||
9 | this Code relating
to fleeing from a peace officer;
| ||||||
10 | 17. Has refused to submit to a test, or tests, as | ||||||
11 | required under Section
11-501.1 of this Code and the person | ||||||
12 | has not sought a hearing as
provided for in Section | ||||||
13 | 11-501.1;
| ||||||
14 | 18. Has, since issuance of a driver's license or | ||||||
15 | permit, been adjudged
to be afflicted with or suffering | ||||||
16 | from any mental disability or disease;
| ||||||
17 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
18 | of Section 6-101
relating to driving without a driver's | ||||||
19 | license;
| ||||||
20 | 20. Has been convicted of violating Section 6-104 | ||||||
21 | relating to
classification of driver's license;
| ||||||
22 | 21. Has been convicted of violating Section 11-402 of
| ||||||
23 | this Code relating to leaving the scene of an accident | ||||||
24 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
25 | which case the suspension shall be
for one year;
| ||||||
26 | 22. Has used a motor vehicle in violating paragraph |
| |||||||
| |||||||
1 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
2 | the Criminal Code of 1961 relating
to unlawful use of | ||||||
3 | weapons, in which case the suspension shall be for one
| ||||||
4 | year;
| ||||||
5 | 23. Has, as a driver, been convicted of committing a | ||||||
6 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
7 | for a second or subsequent
time within one year of a | ||||||
8 | similar violation;
| ||||||
9 | 24. Has been convicted by a court-martial or punished | ||||||
10 | by non-judicial
punishment by military authorities of the | ||||||
11 | United States at a military
installation in Illinois of or | ||||||
12 | for a traffic related offense that is the
same as or | ||||||
13 | similar to an offense specified under Section 6-205 or | ||||||
14 | 6-206 of
this Code;
| ||||||
15 | 25. Has permitted any form of identification to be used | ||||||
16 | by another in
the application process in order to obtain or | ||||||
17 | attempt to obtain a license,
identification card, or | ||||||
18 | permit;
| ||||||
19 | 26. Has altered or attempted to alter a license or has | ||||||
20 | possessed an
altered license, identification card, or | ||||||
21 | permit;
| ||||||
22 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
23 | of 1934;
| ||||||
24 | 28. Has been convicted of the illegal possession, while | ||||||
25 | operating or
in actual physical control, as a driver, of a | ||||||
26 | motor vehicle, of any
controlled substance prohibited |
| |||||||
| |||||||
1 | under the Illinois Controlled Substances
Act, any cannabis | ||||||
2 | prohibited under the Cannabis Control
Act, or any | ||||||
3 | methamphetamine prohibited under the Methamphetamine | ||||||
4 | Control and Community Protection Act, in which case the | ||||||
5 | person's driving privileges shall be suspended for
one | ||||||
6 | year, and any driver who is convicted of a second or | ||||||
7 | subsequent
offense, within 5 years of a previous | ||||||
8 | conviction, for the illegal
possession, while operating or | ||||||
9 | in actual physical control, as a driver, of
a motor | ||||||
10 | vehicle, of any controlled substance prohibited under the | ||||||
11 | Illinois Controlled Substances Act, any cannabis
| ||||||
12 | prohibited under the Cannabis Control Act, or any | ||||||
13 | methamphetamine prohibited under the Methamphetamine | ||||||
14 | Control and Community Protection Act shall be suspended for | ||||||
15 | 5 years.
Any defendant found guilty of this offense while | ||||||
16 | operating a motor vehicle,
shall have an entry made in the | ||||||
17 | court record by the presiding judge that
this offense did | ||||||
18 | occur while the defendant was operating a motor vehicle
and | ||||||
19 | order the clerk of the court to report the violation to the | ||||||
20 | Secretary
of State;
| ||||||
21 | 29. Has been convicted of the following offenses that | ||||||
22 | were committed
while the person was operating or in actual | ||||||
23 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
24 | sexual assault,
predatory criminal sexual assault of a | ||||||
25 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
26 | abuse, aggravated criminal sexual abuse, juvenile
pimping, |
| |||||||
| |||||||
1 | soliciting for a juvenile prostitute and the manufacture, | ||||||
2 | sale or
delivery of controlled substances or instruments | ||||||
3 | used for illegal drug use
or abuse in which case the | ||||||
4 | driver's driving privileges shall be suspended
for one | ||||||
5 | year;
| ||||||
6 | 30. Has been convicted a second or subsequent time for | ||||||
7 | any
combination of the offenses named in paragraph 29 of | ||||||
8 | this subsection,
in which case the person's driving | ||||||
9 | privileges shall be suspended for 5
years;
| ||||||
10 | 31. Has refused to submit to a test as
required by | ||||||
11 | Section 11-501.6 or has submitted to a test resulting in
an | ||||||
12 | alcohol concentration of 0.08 or more or any amount of a | ||||||
13 | drug, substance, or
compound resulting from the unlawful | ||||||
14 | use or consumption of cannabis as listed
in the Cannabis | ||||||
15 | Control Act, a controlled substance as listed in the | ||||||
16 | Illinois
Controlled Substances Act, an intoxicating | ||||||
17 | compound as listed in the Use of
Intoxicating Compounds | ||||||
18 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
19 | Control and Community Protection Act, in which case the | ||||||
20 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
21 | 32. Has been convicted of Section 24-1.2 of the | ||||||
22 | Criminal Code of
1961 relating to the aggravated discharge | ||||||
23 | of a firearm if the offender was
located in a motor vehicle | ||||||
24 | at the time the firearm was discharged, in which
case the | ||||||
25 | suspension shall be for 3 years;
| ||||||
26 | 33. Has as a driver, who was less than 21 years of age |
| |||||||
| |||||||
1 | on the date of
the offense, been convicted a first time of | ||||||
2 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
3 | or a similar provision of a local ordinance;
| ||||||
4 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
5 | this Code;
| ||||||
6 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
7 | this Code;
| ||||||
8 | 36. Is under the age of 21 years at the time of arrest | ||||||
9 | and has been
convicted of not less than 2 offenses against | ||||||
10 | traffic regulations governing
the movement of vehicles | ||||||
11 | committed within any 24 month period. No revocation
or | ||||||
12 | suspension shall be entered more than 6 months after the | ||||||
13 | date of last
conviction;
| ||||||
14 | 37. Has committed a violation of subsection (c) of | ||||||
15 | Section 11-907 of this
Code;
| ||||||
16 | 38. Has been convicted of a violation of Section 6-20 | ||||||
17 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
18 | a local ordinance;
| ||||||
19 | 39. Has committed a second or subsequent violation of | ||||||
20 | Section
11-1201 of this Code;
| ||||||
21 | 40. Has committed a violation of subsection (a-1) of | ||||||
22 | Section 11-908 of
this Code; | ||||||
23 | 41. Has committed a second or subsequent violation of | ||||||
24 | Section 11-605.1 of this Code within 2 years of the date of | ||||||
25 | the previous violation, in which case the suspension shall | ||||||
26 | be for 90 days; |
| |||||||
| |||||||
1 | 42. Has committed a violation of subsection (a-1) of | ||||||
2 | Section 11-1301.3 of this Code; or
| ||||||
3 | 43. Has received a disposition of court supervision for | ||||||
4 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
5 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
6 | a local ordinance, in which case the suspension shall be | ||||||
7 | for a period of 3 months ; .
| ||||||
8 | 44.
43. Is under the age of 21 years at the time of | ||||||
9 | arrest and has been convicted of an offense against traffic | ||||||
10 | regulations governing the movement of vehicles after | ||||||
11 | having previously had his or her driving privileges
been | ||||||
12 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
13 | Section ; . | ||||||
14 | 45.
43. Has, in connection with or during the course of | ||||||
15 | a formal hearing conducted under Section 2-118 of this | ||||||
16 | Code: (i) committed perjury; (ii) submitted fraudulent or | ||||||
17 | falsified documents; (iii) submitted documents that have | ||||||
18 | been materially altered; or (iv) submitted, as his or her | ||||||
19 | own, documents that were in fact prepared or composed for | ||||||
20 | another person ; or .
| ||||||
21 | 46. Has committed a violation of Section 11-507 of this | ||||||
22 | Code. | ||||||
23 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
24 | and 27 of this
subsection, license means any driver's license, | ||||||
25 | any traffic ticket issued when
the person's driver's license is | ||||||
26 | deposited in lieu of bail, a suspension
notice issued by the |
| |||||||
| |||||||
1 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
2 | a probationary driver's license or a temporary driver's | ||||||
3 | license.
| ||||||
4 | (b) If any conviction forming the basis of a suspension or
| ||||||
5 | revocation authorized under this Section is appealed, the
| ||||||
6 | Secretary of State may rescind or withhold the entry of the | ||||||
7 | order of suspension
or revocation, as the case may be, provided | ||||||
8 | that a certified copy of a stay
order of a court is filed with | ||||||
9 | the Secretary of State. If the conviction is
affirmed on | ||||||
10 | appeal, the date of the conviction shall relate back to the | ||||||
11 | time
the original judgment of conviction was entered and the 6 | ||||||
12 | month limitation
prescribed shall not apply.
| ||||||
13 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
14 | permit of
any person as authorized in this Section, the | ||||||
15 | Secretary of State shall
immediately notify the person in | ||||||
16 | writing of the revocation or suspension.
The notice to be | ||||||
17 | deposited in the United States mail, postage prepaid,
to | ||||||
18 | the last known address of the person.
| ||||||
19 | 2. If the Secretary of State suspends the driver's | ||||||
20 | license
of a person under subsection 2 of paragraph (a) of | ||||||
21 | this Section, a
person's privilege to operate a vehicle as | ||||||
22 | an occupation shall not be
suspended, provided an affidavit | ||||||
23 | is properly completed, the appropriate fee
received, and a | ||||||
24 | permit issued prior to the effective date of the
| ||||||
25 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
26 | which occurred
while operating a commercial vehicle in |
| |||||||
| |||||||
1 | connection with the driver's
regular occupation. All other | ||||||
2 | driving privileges shall be suspended by the
Secretary of | ||||||
3 | State. Any driver prior to operating a vehicle for
| ||||||
4 | occupational purposes only must submit the affidavit on | ||||||
5 | forms to be
provided by the Secretary of State setting | ||||||
6 | forth the facts of the person's
occupation. The affidavit | ||||||
7 | shall also state the number of offenses
committed while | ||||||
8 | operating a vehicle in connection with the driver's regular
| ||||||
9 | occupation. The affidavit shall be accompanied by the | ||||||
10 | driver's license.
Upon receipt of a properly completed | ||||||
11 | affidavit, the Secretary of State
shall issue the driver a | ||||||
12 | permit to operate a vehicle in connection with the
driver's | ||||||
13 | regular occupation only. Unless the permit is issued by the
| ||||||
14 | Secretary of State prior to the date of suspension, the | ||||||
15 | privilege to drive
any motor vehicle shall be suspended as | ||||||
16 | set forth in the notice that was
mailed under this Section. | ||||||
17 | If an affidavit is received subsequent to the
effective | ||||||
18 | date of this suspension, a permit may be issued for the | ||||||
19 | remainder
of the suspension period.
| ||||||
20 | The provisions of this subparagraph shall not apply to | ||||||
21 | any driver
required to possess a CDL for the purpose of | ||||||
22 | operating a commercial motor vehicle.
| ||||||
23 | Any person who falsely states any fact in the affidavit | ||||||
24 | required
herein shall be guilty of perjury under Section | ||||||
25 | 6-302 and upon conviction
thereof shall have all driving | ||||||
26 | privileges revoked without further rights.
|
| |||||||
| |||||||
1 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
2 | of this Code,
the Secretary of State shall either rescind | ||||||
3 | or continue an order of
revocation or shall substitute an | ||||||
4 | order of suspension; or, good
cause appearing therefor, | ||||||
5 | rescind, continue, change, or extend the
order of | ||||||
6 | suspension. If the Secretary of State does not rescind the | ||||||
7 | order,
the Secretary may upon application,
to relieve undue | ||||||
8 | hardship (as defined by the rules of the Secretary of | ||||||
9 | State), issue
a restricted driving permit granting the | ||||||
10 | privilege of driving a motor
vehicle between the | ||||||
11 | petitioner's residence and petitioner's place of
| ||||||
12 | employment or within the scope of the petitioner's | ||||||
13 | employment related duties, or to
allow transportation for | ||||||
14 | the petitioner, or a household member of the
petitioner's | ||||||
15 | family, to receive necessary medical care, provide | ||||||
16 | transportation to and from alcohol or drug
remedial or | ||||||
17 | rehabilitative activity recommended by a licensed service | ||||||
18 | provider, or for the petitioner to attend
classes, as a | ||||||
19 | student, in an accredited educational institution. The
| ||||||
20 | petitioner must demonstrate that no alternative means of
| ||||||
21 | transportation is reasonably available and that the | ||||||
22 | petitioner will not endanger
the public safety or welfare. | ||||||
23 | Those multiple offenders identified in subdivision (b)4 of | ||||||
24 | Section 6-208 of this Code, however, shall not be eligible | ||||||
25 | for the issuance of a restricted driving permit.
| ||||||
26 | (A) If a person's license or permit is revoked or |
| |||||||
| |||||||
1 | suspended due to 2
or more convictions of violating Section | ||||||
2 | 11-501 of this Code or a similar
provision of a local | ||||||
3 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
4 | of the Criminal Code of 1961, where the use of alcohol or | ||||||
5 | other drugs is recited as an element of the offense, or a | ||||||
6 | similar out-of-state offense, or a combination of these | ||||||
7 | offenses, arising out
of separate occurrences, that | ||||||
8 | person, if issued a restricted driving permit,
may not | ||||||
9 | operate a vehicle unless it has been equipped with an | ||||||
10 | ignition
interlock device as defined in Section 1-129.1.
| ||||||
11 | (B) If a person's license or permit is revoked or | ||||||
12 | suspended 2 or more
times within a 10 year period due to | ||||||
13 | any combination of: | ||||||
14 | (i) a single conviction of violating Section
| ||||||
15 | 11-501 of this Code or a similar provision of a local | ||||||
16 | ordinance or a similar
out-of-state offense or Section | ||||||
17 | 9-3 of the Criminal Code of 1961, where the use of | ||||||
18 | alcohol or other drugs is recited as an element of the | ||||||
19 | offense, or a similar out-of-state offense; or | ||||||
20 | (ii) a statutory summary suspension under Section
| ||||||
21 | 11-501.1; or | ||||||
22 | (iii) a suspension under Section 6-203.1, arising | ||||||
23 | out of
separate occurrences, that person, if issued a | ||||||
24 | restricted driving permit, may
not operate a vehicle | ||||||
25 | unless it has been
equipped with an ignition interlock | ||||||
26 | device as defined in Section 1-129.1. |
| |||||||
| |||||||
1 | (C)
The person must pay to the Secretary of State DUI | ||||||
2 | Administration Fund an amount
not to exceed $20 per month. | ||||||
3 | The Secretary shall establish by rule the amount
and the | ||||||
4 | procedures, terms, and conditions relating to these fees. | ||||||
5 | (D) If the
restricted driving permit is issued for | ||||||
6 | employment purposes, then the prohibition against | ||||||
7 | operating a motor vehicle that is not equipped with an | ||||||
8 | ignition interlock device does not apply to the operation | ||||||
9 | of an occupational vehicle owned or
leased by that person's | ||||||
10 | employer when used solely for employment purposes. | ||||||
11 | (E) In each case the Secretary may issue a
restricted | ||||||
12 | driving permit for a period deemed appropriate, except that | ||||||
13 | all
permits shall expire within one year from the date of | ||||||
14 | issuance. The Secretary
may not, however, issue a | ||||||
15 | restricted driving permit to any person whose current
| ||||||
16 | revocation is the result of a second or subsequent | ||||||
17 | conviction for a violation
of Section 11-501 of this Code | ||||||
18 | or a similar provision of a local ordinance
or any similar | ||||||
19 | out-of-state offense, or Section 9-3 of the Criminal Code | ||||||
20 | of 1961, where the use of alcohol or other drugs is recited | ||||||
21 | as an element of the offense, or any similar out-of-state | ||||||
22 | offense, or any combination
of those offenses, until the | ||||||
23 | expiration of at least one year from the date of
the | ||||||
24 | revocation. A
restricted driving permit issued under this | ||||||
25 | Section shall be subject to
cancellation, revocation, and | ||||||
26 | suspension by the Secretary of State in like
manner and for |
| |||||||
| |||||||
1 | like cause as a driver's license issued under this Code may | ||||||
2 | be
cancelled, revoked, or suspended; except that a | ||||||
3 | conviction upon one or more
offenses against laws or | ||||||
4 | ordinances regulating the movement of traffic
shall be | ||||||
5 | deemed sufficient cause for the revocation, suspension, or
| ||||||
6 | cancellation of a restricted driving permit. The Secretary | ||||||
7 | of State may, as
a condition to the issuance of a | ||||||
8 | restricted driving permit, require the
applicant to | ||||||
9 | participate in a designated driver remedial or | ||||||
10 | rehabilitative
program. The Secretary of State is | ||||||
11 | authorized to cancel a restricted
driving permit if the | ||||||
12 | permit holder does not successfully complete the program.
| ||||||
13 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
14 | subsection (a), reports received by the Secretary of State | ||||||
15 | under this Section shall, except during the actual time the | ||||||
16 | suspension is in effect, be privileged information and for use | ||||||
17 | only by the courts, police officers, prosecuting authorities, | ||||||
18 | the driver licensing administrator of any other state, or the | ||||||
19 | Secretary of State. However, beginning January 1, 2008, if the | ||||||
20 | person is a CDL holder, the suspension shall also be made | ||||||
21 | available to the driver licensing administrator of any other | ||||||
22 | state, the U.S. Department of Transportation, and the affected | ||||||
23 | driver or motor
carrier or prospective motor carrier upon | ||||||
24 | request.
| ||||||
25 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
26 | subsection (a), the Secretary of State shall notify the person |
| |||||||
| |||||||
1 | by mail that his or her driving privileges and driver's license | ||||||
2 | will be suspended one month after the date of the mailing of | ||||||
3 | the notice.
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4 | (c-5) The Secretary of State may, as a condition of the | ||||||
5 | reissuance of a
driver's license or permit to an applicant | ||||||
6 | whose driver's license or permit has
been suspended before he | ||||||
7 | or she reached the age of 18 years pursuant to any of
the | ||||||
8 | provisions of this Section, require the applicant to | ||||||
9 | participate in a
driver remedial education course and be | ||||||
10 | retested under Section 6-109 of this
Code.
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11 | (d) This Section is subject to the provisions of the | ||||||
12 | Drivers License
Compact.
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13 | (e) The Secretary of State shall not issue a restricted | ||||||
14 | driving permit to
a person under the age of 16 years whose | ||||||
15 | driving privileges have been suspended
or revoked under any | ||||||
16 | provisions of this Code.
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17 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
18 | State may not issue a restricted driving permit for the | ||||||
19 | operation of a commercial motor vehicle to a person holding a | ||||||
20 | CDL whose driving privileges have been suspended, revoked, | ||||||
21 | cancelled, or disqualified under any provisions of this Code. | ||||||
22 | (Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05; | ||||||
23 | 94-930, eff. 6-26-06; 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; | ||||||
24 | 95-382, eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; | ||||||
25 | revised 1-28-08.)
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1 | (625 ILCS 5/11-507 new) | ||||||
2 | Sec. 11-507. Infliction of serious injury or death to a | ||||||
3 | vulnerable user of a public way. | ||||||
4 | (a) A person commits the offense of infliction of serious | ||||||
5 | physical injury or death to a vulnerable user of a public way | ||||||
6 | if the person: | ||||||
7 | (1) operates a vehicle upon a highway in a careless or | ||||||
8 | reckless manner; and | ||||||
9 | (2) causes serious physical injury or death to a | ||||||
10 | vulnerable user of a public way. | ||||||
11 | (b) Any person convicted of a violation of subsection (a) | ||||||
12 | is guilty of a Class A misdemeanor and is subject to a minimum | ||||||
13 | fine of $12,500. Any driver who is convicted of violating | ||||||
14 | subsection (a) of this Section is subject to suspension of | ||||||
15 | driving privileges as provided in Section 6-206 of this Code. | ||||||
16 | (c) For the purposes of this Section: | ||||||
17 | "Serious physical injury" means a physical injury that | ||||||
18 | creates a substantial risk of death, or that causes death, | ||||||
19 | serious disfigurement, protracted impairment of health, or | ||||||
20 | impairment of the function of any bodily organ, or that | ||||||
21 | requires plastic surgery. | ||||||
22 | "Vulnerable user of a public way" means a
pedestrian, a | ||||||
23 | highway worker, a person riding an animal, or a
person | ||||||
24 | operating any of the following on a public way, crosswalk,
or | ||||||
25 | shoulder of the highway: | ||||||
26 | (1) A farm tractor or implement of husbandry |
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1 | without an
enclosed shell. | ||||||
2 | (2) A skateboard. | ||||||
3 | (3) Roller skates. | ||||||
4 | (4) In-line skates. | ||||||
5 | (5) A scooter. | ||||||
6 | (6) A bicycle.
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